# In the matter of Somany Ceramics Vs. Era Infra Engineering Ltd. CA (AT) No. 259-2017

> NCLAT judgment dated 2018-01-03. Citation: TCN-2018-NCLAT-00407. This is an appeal preferred by the Appellant against the order dated 21st July, 2017 passed…

- **Court:** NCLAT
- **Order date:** 3 Jan 2018
- **Citation:** TCN-2018-NCLAT-00407
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/somany-ceramics-vs-era-infra-engineering-ltd-ca-5fa6dfd2

## Summary

### Background

This is an appeal preferred by the Appellant against the order dated 21st July, 2017 passed by the National Company Law Tribunal, Special Bench, New Delhi in Company Petition No. (IB)-79(PB)/2017. The Company Petition was preferred by the Appellant and was pending consideration on merit before the Tribunal. On 2nd May, 2017, the matter was adjourned to 4th May, 2017, at the request of the counsel for the parties. However, the case was not listed on 4th May, 2017, and was listed on 5th May, 2017. In the absence of counsel appearing on behalf of the Appellant, the hearing was deferred to 8th May, 2017 without any intimation to the parties. On 8th May, 2017, the Tribunal dismissed the petition for non-prosecution as no one appeared on behalf of the Petitioner.

## Facts

M/s. Somany Ceramics Ltd. filed a Company Petition which was pending consideration before the National Company Law Tribunal (NCLT). The case was adjourned from May 2, 2017, to May 4, 2017, at the request of the parties' counsel. However, the case was not listed on May 4, 2017, but was listed on May 5, 2017. The appellant's counsel was not present on May 5, 2017, and the hearing was deferred to May 8, 2017, without notifying the parties. On May 8, 2017, the NCLT dismissed the petition for non-prosecution due to the absence of the appellant's counsel. The appellant then filed an application for restoration. The respondent argued that the appeal was time-barred. The certified copies of the impugned orders were provided to the Appellant on August 18, 2017, and the appeal

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## Issues and analysis

### Issue 1: Whether the appeal should be allowed considering the reasons for non-appearance of the counsel for …

**Ratio:** The court has the discretion to allow an appeal if there are sufficient reasons for the

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**Reasoning:** The court considered the reasons for the non-appearance of the counsel for the Appellant

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**Interpretation:** The principle is that a party should not be penalized for the fault of their

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**Application:** The court applied this principle to the facts of the case, noting that the

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## Parties

- **Judges:** S.J. Mukhop…
- **Appellants:** M/s. Somany…
- **Respondents:** Era Infra…

## Timeline

- **2017-05-02 — Adjournment…**: The case was adjourned to 4th May, 2017, at…
- **2017-05-04 — Case Not…**: The case was not listed…

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